Ordinance No. 00552

AN ORDINANCE of the City Council of the City of Lakewood, Washington, amending the City of Lakewood Comprehensive Plan, including the Future Land-Use and Zoning Maps of the City; amending sections of Title 18A of the Lakewood Municipal Code related to the City of Lakewood Comprehensive Plan; and establishing an effective date

WHEREAS, the Washington State Legislature, through Chapter 36.70A RCW, the state Growth Management Act (GMA), intends that local planning be a continuous and ongoing process; and

WHEREAS, the GMA requires that the City of Lakewood adopt a comprehensive plan; and

WHEREAS, in accordance with RCW 36.70A.130, the adopted comprehensive plan shall be subject to continuing evaluation and review, and amendments to the comprehensive plan shall be considered no more frequently that once every year; and

WHEREAS, in compliance with the requirements of the GMA and following abundant public outreach and involvement, the Lakewood City Council adopted the City of Lakewood Comprehensive Plan via Ordinance No. 237 on July 10, 2000; and

WHEREAS, the Lakewood City Council, based on review and recommendations of the Lakewood Planning Advisory Board (PAB) that incorporated public input, has subsequently amended the City of Lakewood Comprehensive Plan periodically, including a review required by law in 2004; and

WHEREAS, following public meetings and discussions, the Lakewood City Council adopted Title 18A of the Lakewood Municipal Code (“Land Use and Development Code”) via Ordinance No. 264 on August 20, 2001; and

WHEREAS, the Lakewood City Council, based on review and recommendations of the Lakewood PAB following public input, has subsequently amended Title 18A of the Lakewood Municipal Code periodically, either in conjunction with comprehensive plan amendments or on a standalone basis; and

WHEREAS, it is appropriate for a local government to adopt needed amendments to its comprehensive plan to ensure that the plan and implementing regulations provide appropriate policy and regulatory guidance for growth and development; and

WHEREAS, the Lakewood PAB, acting as the City’s designated planning agency, has reviewed a series of proposed amendments to the City of Lakewood Comprehensive Plan and related development regulations including proposed amendments to the Future Land-Use Map, Zoning Map, and related changes to Title 18A of the Lakewood Municipal Code; and

WHEREAS, public participation opportunities, as required by RCW 36.70A.130(2)(a), appropriate to the level of the amendments being reviewed, have been afforded to interested parties via numerous open public meetings, mailings and site postings, and a public comment/hearing period, and public input received through these channels has been duly considered by the Lakewood PAB; and

WHEREAS, environmental review as required under the Washington State Environmental Policy Act has resulted in the issuance of a determination of environmental non-significance; and

WHEREAS, a 60-day notice has been provided to state agencies prior to the adoption of this Ordinance, and state agencies have been afforded the opportunity to comment per RCW 36.70A.106(1); and

WHEREAS, a 60-day notice has been provided to Joint Base Lewis-McChord (JBLM) prior to the adoption of this Ordinance, and JBLM has been afforded the opportunity to comment per RCW 36.70A.530(5); and

WHEREAS, following public hearing, the Lakewood PAB forwarded a set of recommendations relative to the 2012 amendments package to the Lakewood City Council via PAB Resolution No. 2012-02; and

WHEREAS, the Lakewood City Council has reviewed materials relevant to public input and staff and PAB recommendations leading up to the proposed 2012 amendments package; and

WHEREAS, in accordance with the issues and concerns considered by the Lakewood PAB as reflected in its recommendations, the Lakewood City Council has considered the recommendations of the Lakewood PAB and has determined that it is appropriate to provide for the amendment of certain portions of the City of Lakewood Comprehensive Plan and related sections of Title 18A of the Lakewood Municipal Code as herein specified; and

WHEREAS, the Lakewood City Council has considered the required findings in LMC 18A.02.415 as related to each independent zoning map amendment, and hereby finds that the requirements of LMC 18A.02.415 are satisfied; and

WHEREAS, after review of the record and recommendations of the Lakewood PAB, the Lakewood City Council finds that the amendments to the City of Lakewood Comprehensive Plan as identified within this Ordinance comply with the requirements of the state Growth Management Act;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON, DO ORDAIN AS FOLLOWS:

Section 1. The official Future Land-Use Map and Zoning Maps of the City for the below-referenced properties are hereby amended as follows, as shown in Exhibit A hereto:

This title is intended to implement the adopted planning goals and policies of the City of Lakewood represented in its comprehensive plan and other planning documents. Actions initiated under this title shall be consistent with the comprehensive plan as adopted or hereafter amended. Where a provision of this code is found to be in conflict with the comprehensive plan, applicable goals and/or policies of the comprehensive plan shall be evaluated against the code and shall inform an administrative interpretation by the Director as authorized in LMC 18A.02.155 and .200 (generally)apply. A provision of this title that is in addition to another requirement of this title is not in conflict, but shall be considered to be supplementary to one another. (Ord. 264 § 1 (part), 2001.)

1. Nonconforming signs as defined in LMC 18A.50.600, Signs, which shall instead be governed by standards set forth in that section.

2. Nonconforming wireless telecommunications facilities as defined in LMC 18A.70.600, Wireless Telecommunications Facilities, which shall instead be governed by standards set forth in that section.

3. Nonconforming mobile home parks as defined in LMC 18A.70.400, Manufactured Home Parks, which shall instead be governed by standards set forth in that section.

4. Permit applications at the time of this title's passage that constitute vested development as defined in LMC 18A.02.350, Vested Rights, which shall instead be governed by standards set forth in that section. Future plans to further develop property shall not constitute a basis for nonconformity status, whether or not documented in public record, except when they constitute a vesting. Nothing in this section shall be construed to require a change in plans, construction, or intended use related to vested development, though it may thereafter be regulated as a nonconformity.

5. Public/institutional uses previously within the Public/Semi-Public Institutional future land-use designation and Public Institutional zoning district which have been redesignated and rezoned in anticipation of surplus sale or other action intended to result in ownership transition to a non-public entity. Existing uses shall be considered conforming for regulatory purposes until the ownership transfer is complete.

The following uses are permitted within the Military-Related zoning districts, subject to approval of a zoning certification and all applicable development permits. Uses that are not listed within the Military-Related zoning districts or permitted as an accessory use are not permitted unless specifically provided for elsewhere in this code. Use types are defined in LMC 18A.20, Use Types and Levels.

The unique nature of these areas may invoke additional, specific standards. New uses within the CZ, AC1, and AC2 zoning districts shall be subject to intensity limitations in accordance with LMC 18A.30.770 and performance standards pursuant to LMC 18A.30.780, and structures in those zones shall be subject to noise attenuation requirements pursuant to LMC 18A.30.790. New public assembly uses are expressly prohibited in the CZ, AC1, and AC2 zoning districts.

Section 6. Remainder Unchanged. The rest and remainder of Title 18A of the Lakewood Municipal Code and the Comprehensive Plan Future Land-Use and Zoning Maps shall be unchanged and shall remain in full force and effect.

Section 7. Severability. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected.

Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final passage.

ADOPTED by the city council of the City of Lakewood this ___ day of _________, 2012.